'<*-       -  '■  3 


'  V» 


Qh 


^% 


\ 


'%■! 


"l  ■» 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


11.25 


•"   —    "2.0 


140 


1.4 


I 

1.6 


_Sdences 
Corporation 


.  isT 


^    '    ■V-- 


■/* 


.^k. 
^ 


m 


fV 


23  WIST  MAIN  STREiT 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


,  '.'>%■ 


CIHM 
Microfiche 
Series 
(i\/lonbgraphs) 


ICiMH 

Collection  de 
microfiches 
(monographies) 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


iV 


Technical  and  Bibliographic  Notes  /  Notes  techniques  et  bibliographiques 


c 


The  Institute  has  attempted  to  obtain  the  best  original 
copy  available  for  f iln^g.  Features  of  this  copy  which 
may  be  bibliographically  unique,  which  may  af«>r  any 
of  the  images  in  the  reproduction,  or  which  may 
significantly  change  the  usual  method  of  filming,  are 
checked  below. 


□  Coloured  covprs/ 
"Couverture  de  couleur 


D 
D 
D 
D 
D 

n 

a 
□ 


Covers  damaged/ 
Couverture  endommagiie 

Covers  restored  and/or  laminated/ 
Couverture  restaur^  et/ou  pelliculie 

Cover  title  missing/ 

Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  g^ographiques  en  couleur  « 


fk 


Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

Coloured  plates  afld/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Relie  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 
La  reliure  serr^  peut  causer  de  I'ombre  ou  de  la 
distorsion  le  long  de  la  marge  interieure 


D 


n 


Blank  leaves  added  during  restoration  may  appear 
within  the  text.  Whenever  possible,  these  have 
been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouties 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  etait  possible,  ces  pages  n'ont 
pas  eti  filmies. 


Additional  comments:/ 
Commentaires  supplementaires: 


y 


L'Institut  a  microfilm^  le  meilleur  exemplaire  qu'ii 
lui  a  M  possible  de  se  procurer.   Lcs  details  de  cat    , 
exemplaire  qui  sont  peut4tre  uniques  du  point  de  vue 
bibliographique,  qui  peuvent  modifier  una  image    , 
reproduite.  ou  qui  peuvent  exiger  une  modification 
dans  la  mithode  normale  de  f  ilmage  sont  indiqufe 
ci-dessous. 

□  Coloured  pages/ 
Pages  de  Couleur 

□  Pages  damaged/ 
Pages  endommagto 

□  Pages  restored  and/or  laminated/ 
Pages  restauries  et/ou  pellicul«es 

0  Pages  discoloured,  stained  or  foxed/  ^"^~~^ 

Pages  dteolor^,  tacheties  ou  piquees' 

□  Pages  detached/ 
Pages  ditachies 

0Showthrough/ 
Transparence 

□  Quality  of  print  varies/ 
Qualite  inigale  de  I'impression, 

□  Continuous  pagination/ 
Pagination  continue  '    '         ^ 

□  Includes  index(es)/ 
Comprend  un  (des)  index 

Title  on  header  taken  from:/ 
Le  titre  de  I'en-tCte  provient: 


□  Title  page  of  issue 
Page  de  titre  de  la 

I        I  Caption  of  issue/ 


livraison 


tre  de  depart  de  la  livraison 


□  Masthead/ 
Generique  (periodiques)  de  la  livraison 


% 


This  item  is  filmed  at  the  reduction  ratio  checked  below/        Sj^'^^^^ 
Ce  document  est  filmi  au  taux  de  rMuction  indiqu«  ci-tfesspus. 

'°*  ^**  18^  22X 


26X 


"MX 


12X 


16X 


20X 


J 


24  X 


28  X 


32  X 


• 

•   /  * 

e  qu'il 
deieat 

• 

ntd«  vu« 

/ 

fiage    .    ' 

ication 

Iquis 

The  copy  filmed  here  has  bean  jraproducad  thank* 
to  the  generosity  of: 

Harold  CamplMll  Vaughan  Mamoriai  Library 

Acadia  Univanity 


The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility* 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Original  copies  In  printed  paper  covers  are  filmed 
beginning  with  the  front  cQver  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All  . 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  imprespion. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — ♦-  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc..  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  foifowing  diagrams  illustrate  the 
method: 


1 

2 

3 

L'exemplaire  film«  fut  reproduit  grAce  k  la 
gAn6rosit«  de: 

Harold  Campbell  Vaughan  Memorial  Library 
Acadia  Univanity 


Les  images  suivantes  ont  M  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  at 
de  la  nettet«  de  l'exemplaire  film*,  et  en 
conformity  avec  les, conditions  du  contrat  de 
fllmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprim«e  sont  filmte  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernlAre  page  qui  comporte  une  empreinte 
d'imprdsslon  ou  d'illustration,  soit  par  le  secomJ 
plat,  salon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  filmte  en  commengant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
enipreinte. 

Un  des  symboles  suivants  apparaftra  sur  la 
dernlAre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — ^  signifie  "A  SUIVRE",  le 
symbols  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc..  peuvent  Atre 
film«s  A  des  taux  de  reduction  diff«rents. 
Lorsque  le  document  est  trop  grand  pour  «tre 
reproduit  en  un  seul  cllch«,  il  est  film*  A  partir 
de  I'angle  sup«rieur  gauche,  de  gauche  k  drolte. 
et  de  haut  en  bas,  en  prenant  le  nombre     - 
d'images  nicessaire.  Les  diagrammes  suivants 
illustrent  la  mAthode. 


* 

1 

-J 

^~ 

- 

— ' 

■ 

I 

.'.9 
•  4 

1 

2 

3 

_ 

" — ■- 

4 

5 

6 

: _ . ^ : 

■ 

2ZX 

\ 

V    J 

'< 

-J 

• 

»    • 

*> 

■V'^^fSi^ 


u 


7 


;*'  .  T» 


,j^ 


:^i. 


7-/ 


f^; 


.«*• 


^    T.      -*»..   . 


•  *r-' 


0 


*>• 


w^^^W^'^^t***j>t»r(o,  15. 


EPORT 


or  Tin 


\iY 


rf,W^i.'  ■ 


dK  TJaS^  SirBJEOt  OP  TBE 


NOETH  EASTERN  BOUNDARY. 


*,  i 


\Sl' 


<   >•',  • 


■«* 


S4^-V^-**'#''  ■ 


mrrron  Aim  wsinifvcw;!^  piuN^pts  to  th£  c«ki^!e,- 

N«.  4,  |^i|Nui««  0tftf (* 
W3% 


.^•^'■m  ;,iS', 


1^"- 


1^ 


M 


ftr"'''  "f  ■"*  f 


.-  -J:: 


'^rff 


","- '  -i*.. 


■X- 
,+  ■ 


«> 


^ 


.■^A  -* 


afi^^  *'*"'/ ,« ■•'• 


''  r.TK'i 


'% 


-«*• 


'^^ 


eomitfonl»r»ltir  of  jffiunuut^untun. 


•1 

Ay 


IN  SENATE,  Feb.  9,  1832. 

The  Committee  on. Public  Lands,  to  whom  was  referred 
so  much  of  the  Governor's  MessagI  at  the  opening 
of  the  present  session  of  the  General  Court,  as  re- 
lates to  the  North-Eastern  Boundary  of  the  United 
States,  and  also  a  subsequent  Message  enclosing  a 
communication  from  the  Governor  of  Maine,  with 
accompanying  documents  relating  to  that  subject, 
have  considered  the  same,  and  respectfully  submit 
the  following 

REPORT. 

In  the  part  of  his  Message  at  the  opening  of  the  ses- 
sion, which  relates  to  the  North-eastern  boundary,  the 
Governor  intimates  that  it  may  be  expedient  for  the 
General  Court  to  express  their  opinion,  how  far  the 
proceedings  of  the  King  of  the  Netherlands,  in  regar^ 
to  the  matters  referred  to  him  in  pursuance  of  the  fifth 
article  of  the  treaty  of  Gheht,  are  binding  upon'  the 
Government  of  the  United  States,  and  upon  the  §tates 
of  Massachusetts  and  Mainey    The  Resolutions  of  tho 
Legislature  of  the  latter  State,  which  accompany  the 
Governor's    subsequent    Message,   declare    in    strong 


^ 


^ 


t#~ 


m' 


■"•Mares,  aa  n,av  bo  L.       f  ^"""""""ealth  in  such 

.     'he  question  by  her  riaht  of  1  ^  '"'"ested  i„ 

portion  of  the  te^ritorTl'^.  ''"''' '"  »  '"adorable 
*«  State  of  Maine  b'ih^f'it  """"  "''  ""'  "<'  '">- 
andRepresent.resof  hfr      •■  '""  "'  "■"  «»"«->" 

duties,  to  eoncur  ta  the  ^i'""^'"  """^""S*  <>f  "■«'' 
■nen.  „p„„  .hj,  sul^ee  it  "pit'- °  ?""'"™'  «»"'™- 
«.ey  should  be  distinct  ynfoZd  of  Jh  ""*"*'"  ""' 
constituents.  In  presen'tinHre'esu,  of  ,?"•"' ''''^ 
■n<o  this  important  subjecf  the  To  °"  '"''"'™»^ 

bHeflystatethefactsin  heclasfT"""'  "'"  «"' 
cossary  for  the  present  nnrJ!         /     °'  ""J'  I""  »»- 

'ho  oonsideratiorof   he'ce?'',  r'  °"*™"''^  «'•''  f"' 
.o  "hich  those  fac°J  iar'riead"""'  ""  ""■='"-- 

.  oapit:;jrro^~  rr , « ~^  -  - 

'orsy  between  Great  bS„      ^   i'""^  ■""  "'"  ™n"o- 

jotit,g.heNor.s:rnt:  ''""^".«— «-  ■ 

of  public  notorielv  and  I...  """""y-  This  is  a  matter 
pr^fent  inquiry.  The  obt7''°''"'""S  "P""  'he 
•ho  King  6f  uie  NeTLrb  'h™  'n°o  1^  ''"'"'='""^'  "' 
■»erita  of  the  case  as  between  ,^    .  "'""^"o"  "i'h  the 

King  has  given  a  deist„rponl'"''''""^'-  '^  ""« 
h..»,  it  is  admitted  that  thisdeeis^n  hoT  '"'"""'  '» 
■'  n..y  appear  to  the  Govornmen  o;  ^  r7"  "'°'"""'' 
« binding-snppoji      theT„  ?     .        """^'' «""«». 

«ho  ««'or„me„Tof  The  u„Td%7  "'1 '°  ■"=  '"^l'  «» 

•»b»it  to  arbitration      If^betin^r  '"''  "  "«■"  "> 

'"he  King  has  not  given  a  de- 

/  . 


f] 


N 


t  Obligatory,  and 
onweaith  in  such 
to  prevent   the 
imcDded  by  the 
t'y  interested  in 
a  considerable 
»e  cut  off  from 
18  the  Senators 
Ith  in  Congress, 
charge  of  their 
enoral  Govern- 
cxpefdient  that 
vi^Ws  of  their 
their  inquiries 
ttee   will  first 
is  may  bo  ne- 
wards  add  for 
le  conclusions 

cessary  to  re- 
^  the  contro- 
2d  States,  re-      ' 
Js  is  a  matter 
ng  upon  the 
oceedings  of 
■ion  with  the 
ties.     If  the 
referred  to 
it  erroneous 
ited  States, 
be  such  as 
a  right  to 
given  a  de- 


cision upon  the  points  referred  to  iiihi,  it  is  equally  ap- 
parent that  the  rights  of  the  two  parties  remain  in  the 
same  state  in  which  they  were  before  the  reference;  and 
are  in  no  way  affected  by  any  recommendation  which 
his  Mt^esty  may  have  thought  proper  to  give  in  regard 
to  points  which  were  not  referred  to  him.  This  remark 
would  be  jtrue  upon  the  ordinary  principles  of  natural 
law  independently  of  any  specific  engagement,  and  it  is 
also  confirmed  by  the  language  of  the* treaty  of  Ghent, 
which  expressly  stipulates  at  the  close  of  the  fourth  arli,- 
cle,  that  "His  Britannic  Majesty  and  the  Government  of 
the  United  States,  engage  to  consider  the  decision  of  the 
arbiter  as  final  and  conclusive  upon  all  the  matters  re- 
ferred to  him  ;"  thus  excluding  from  any  pretension  to 
an  obligatory  character,  any  opinion  or  recommenda- 
tion which  he  might  think  proper  to  give  upon  any 
other  subject.  The  most  important  point  for  considera- 
tion in  the  present  inqViiry  is,  therefore,  whether  the 
King  of  the  Netherlands  has  or  has  not  given  a  decision 
upon  the  questions  referred  to  him,  in  relation  to  the 
North-Eastern  boundary.  In  order  to  determine  this 
question,  it  is  of  course  only  necessary  to  recur  to  M& 
treaty  of  Ghent,  and  compare  the  terms  of  the  submisf 
sion  as  therein  stated,  with  those  of  the  document  coor 
taining  the  results  of  the  King'^s  proceedings. 

The. fifth  article  of  the  Treaty  of  Ghent  provides, 
that,  "  whereas  neither  that  point  of  the  Highlands  lying 
due  North  from  the  source  of  the  river  St.  Croix,  and 
designatdd  in  the  former  treaty  of  peace  between  the 
two  powers  as  the  North-West  angle  of  Nova  Scotia, 
nor  the  Northwesternmost  head  of  Connecticut  River, 
has  yet  been  ascertained  ;  and  whereas  that  part  of  the 
boundary  line  between  the  dominions  of  the  two  Powers, 


•>■ 


it 


; 


\ 


c    * 

•v'"c..  div,.o  .1,0/0  "^;°:":'°"°  "•» «""  "'g"'""* 

"'«  "'or  S,.  La>vro„co  ftol    >,    """l^  "■«■"»''«»  '««« 
A-'-'ic  Ocean  .<,  .ho  N^h  '  7  "'"'=''  ''''"  '"'»  "■« 

"ver  10  tho  forlv.fifth  ,)„  i  ^  "'°  "''<'<"°  "t  tho 

by  a  iino  .,uo  ZZZV'  7"""  '••""•ie.  .henco 
"vor  Iroqooi,  or  C^rSl  t  '  ""'"  "  ""^es  tho 

"  i'  "grood,  .ha.,  fo;  .&  ::an:;'o""  ™''*^»'' ' 
■mssioners  shall  bo  ap„oi,„„/       P"'P°S".  two  Com- 

•hose  mcn.ioncd  i,,  ,he  „„,,      "'™  ""'h  respect  to 
o.l.erwi.e  specified  in  the  oreT?    "°  ""''='•'•  ""'»»    ' 
Commissioners  shall  .^o  t  at's,   A    !"'"'"     ^'"'  ^'-^ 
■»-  of  New  Brunswick  ..^d  s^tT  '"  '"^  ^'°'- 
journ  10  such  Cher  place  or  T  '""'"  '"  ""i- 

<=er.a,n  and  de.ormine  .he  ol  ,    I       '  '"'"'"  '"  "'" 
-nformity  wi.1,  the  provi 'oTs  of  th"  "'T'"'"'-  '" 
Poace  of  1783,  and  shall  cauol     ,    """'  ""'"''  <"■ 
■>"=n.io„ed,  from  the  stfu  c„  of  ih     ,■     """"'^  ''^°''- 
">^  river  Iroquois  or  taZ°  '""  ^'-C™'*  «<> 

"■"'feed  according  Z  t^o    'T"'''  '°  ""  '""'y-'  »d 

Commissioners  shall  mat  °atl.'"rf™'-     T"""  ^-id 
and  anne:t  ,0  i,  ^  ,,"17  !       "^       "'°  ""''  boundary 

-1.  eer,if,i„;:.:ot:iTr  -  ::tf\;''^^''''"<'-»^ 

ry.  aad  particularizing  the  latitMr*^   .  ,      "'"'  """""da- 
Nor.h-Wes.  angle  of  No  I'str  "o/r't'"  "' "■" 

=vrs:^-::«^^^^^^^ 

"--P-sagreelrcoIirsirmTS:: 


""er  St.  Croix, 
North-Western 
said  Highlands 
themselves  into 
h  fall  into  the 
•  head  of  Con- 
middle  of  the 
itJtude,  thence 
J  it  strikes  the 
een  surveyed  • 
'es,  two  Com-' 
id  authorised 
th  respect  to 
irticle,  unless    ■ 
'•     The  said 
in  the  Prov- 
oker to  ad- 
y  shall  think 
power  to  as- 
entioned,  in 
id   treaty  of 
dary   afore- 
't-. Croix  to 
rvcyed  and 

The  said 

boundary, 
hands  and         * 
id  bounda- 
ides  of  the 
"Jorthwest- 
iuch  other 
n  proper ; 
>  and  <le. 


clifration  a^  finally  and  contlusively  fixing  tlie  suul  boun- 
dary. A^d,  in  the  #vcnt  of  the  gaid  Conin.issibnors 
differing,  or  both  or  either  of  the,rn  refusing,  dcclininj^, 
or  wilfully  omitting  to  act,  such  'rc|)orl3,  decluraiion?, 
or  Btaternents,  shall  be  made  by  them  or  either  of  (hem, 
and  sueh  reference  shall  be  made  to  a  Friendly  Sover- 
eign or  State,  in  all  respects  as  in  the  latter  part  of  tlio 
fourth;  article  is  contained,-and  in  as  lull  a  manner  ns  il 
the  sarae  were  herein  repeated." 

The  part  of  the  fourth  article  of  the  same  .treaty, 
whiq^  is  here  alluded  to,  as  describing  the  i&rm  and 
maqher  in  which  the  points  in  dispute  are  !o  be  refer- 
red to  the  arbiter,  is  as  follows  :  - 

«•  It"  is  further  agreed,  that  in  the  event  of  the  two 
Commissioners  differing  upon  all,  or  any  of  the  inatters 
so  referred  to  them,  or  in  the  event  of  either'or  both  of 
the  said  Commissioners  refusing,  or  declining,  or  wil- 
fully neglecting  to  act  as  such,  they  shall  make,  jointly 
.  or  separately,  a  report  or  reports,  as  well  to  the  Gov- 
ernment of  His  Britannic   IMajeSty  as  to  that  of  the 
United  States,  in  detail  of  the  pbints  on  which  they 
differ,  and  the  grounds  on  which  their  iesp€ctive  opin- 
ions have  been  formed,  or  the  grounds  upon  which  they, 
or  either  of  them,  havyo  refused,  declined,  or  omitte<l 
to  act.     And  His  Br^iic  Majesty,  and  the  Govern- 
ment of  the  United  States,  hereby  agree  to  refer  the 
'  report,  or  reports,  of  the  said  Commissioners,  to  some 
friendly  Sovereign,  or  State,  to  be  then  named  for  this 
purpose,  and  who  shall  be  requested  to  decide  upon  the 
differences,  whi^h  may  be  slated  in  the  said  report  or 
reports,  'or  upon  the  report  of  one  Commissioner,  to- 
gether with  the  grounds  upon  which  the  other  Com- 
missioner shall  ha^e  refiTsed,  declined,  or  omitted ,  to 


\ 

V 


( 


h 


I  ''31 


li 


.  '/ 

4 

-   » 

-- 

* 

* 

(J 

, 

*•■- 

> 

v»                           .                                                      %              ' 

% 

-  H 

k- 

\ 

« 

p 

f 

1 

X 

y 

•  ^  ... 

J 

0 


f 


/'♦■ 


•>' *'»lo shall  ( ^'"'VSO or  SlaieT.!    ''*:''*  ^fefred ■ 
'»»"  l"5  S  "'°  "  """"upon .,  ^?  '"'=''  S<"e«i«»  . 

•■ '"« co:i rr '  ':;• "'°  ^"-^^'"^  Setrf  «- 

"-hid,  »a,  ,1°  ""  '""fee  of  ,h„  "'gWand, 

"'0  bounJary  li„>       ^'='""'.  "-d  ,o  cJ^^u    ^^""-k 

'ond,  S -I'^r"  ^"°''°'  'hence  ir';-'""''''^^""'. 

"■«  Allan, '«'•  '"""encc  from  ^h„     "^  ^  "'onfcel.es 
Connects  ^"°''' '«  ""^  ChwoaT  """"■ '''"' ''«-' 

'®  source'  of  tu      .  ® 

°*  the  rjvcrSt. 


I 


^?W^ 


•■/ 


f 


Conuniasjondr  bo 
f ^ii  also  wjjfui;, 

^°  '"^^  «o  done, 
'"^y  be  referred  - 
'«"chSoverei«, 
*'^  report  if  one.  ' 
ernmcnt  of  t^o 

sciflion  of  such 
and  coDciuflive 

°«»aDdIeaviW 
^0^0  IVorth! 

*n^  the  boun. 

°t  material  to 

^''o''^ed  upon 
^^*b  article, 

'°  Highlands 

f  St.  Croijf, 

»s  the  North 

that  part  of 

of  the  twro 

'  th^   rivei- 

led  North 
said  Higii. 

henfeelves 
hfaJii/rto 
head  of 
'  accord- 
hority  is 

Btermine 
e  source 
'd  to  be 
'vcrSt. 


iCroix  had  in  fact  been  determined  by  a  special  tonven- 
tion,  and  no  question  had  ever  been  raised  as  to  that  of 
tHiS"iIigidaniis,  whicji  was  Inid  down  in  all  the  maps,'and 
dcscriltcd  in  a  variety  of  official  documents,  enianating 
from  the  ,  British  goverwncnt,  as  stretching  from  the 
Western  extremity  of  the  Bay  des  Chaleurs,  along  the 
Soutli  side  jef  the  rivef   ^^Lawrencc,  al  a  distahct* 
from   it  oftwenty  or  thirty   hulcs.     The  <luty  of  the 
Commissioners  was  thofefore>  a»  luis  been  already  said, 
to  ascertain- and  determine  the  point  where  a  line,  drawn 
duo   North  from  tlio  source  of  ijic  St.  Croix  strikes  the 
Highlands,  and  to  cause  the  boundary  line,  which,  ac- 
cording to-  the  treaty,  was  to  run  Westerly  from  that 
point  along  the  Highlands  to  b6  surveyed.     Should  the 
Commissioners  differ  upon^any  of  the  matters  referred 
to  them,   they  were  to.  make  report  to  their  respective 
governments  of. the  points  on  which  they  differed,  and 
an  arbiter  was  to  be  appointed,  wllo  was  to  decide  oh 
view  of  these  reports,  the  poipts  of  difference  therein 

stated.  o  *  .       -^ 

T^e  Commissioners,  appointed  for  this  purpose,  hav- 
ing disagreed^  and  made  reports  as  required  by  the 
treaty  to  their  respective  governments,  it  was  determin-' 
e'd  by  the  conventiofl  of  Sept.  29,  -1827,  that  the  points 
in  dispute  in  regard  to  this  subject  should,  in  conformi- 
ly  to  the  further  provisions  of  the  treaty,  be  referred  to 
a  friendly  sovereign.  The  language  o/  the  conventioa 
is  as  follows: 

»  It" is  agreed,  that  the  points  of  difference  Vdiich  have 
arisen  in  the  settlement  of  the  boundary  between  the 
American  and   British  ><loniinions,  as  described  in  the 
fifth  article  of  the  treatj^  of  Ghent  shall  be  referred,  ar    > 
therein  provided,  to  some  friendly  severerga  or  state,. 
■"     2  s 


,/-*1 


1^ 


%' 


i 


'.> 


10  •' 

•       "'^^  «hall  be  invited /n 

■-"£;;:*=■•"■ ••"^ 

convention,  ,!,„,     °T  ' '"  ""»"•«  article  „f ,. 

the  arbiter  """"^  '"  '"'  •^omllj,  ^""'"'•^"ioue,. 

''-«-  -;  zxr™"  -«-^.:rr  '^ 

•verc  ll  d  h  r   """S  •>"»"  agreed' "„"'''   "'°  *'»S  °f 'he 

^"fh-EasC   '  """  P"'"="'arlr  ,|,„  '?'"'''  '""vev- 
">  'h«'.vopa",ie!""''r'-'=»meU.  'diff  °'"«  '^ '"« 

»  '^^"n-VVest  angle 


""^•^e  a  decision 

'^'eoHhesame 
'-ommission^ft, 
y  examined  h$ 
^*«  of  the  res- 
''^  of  the  con- 
^  them  as  the 
ents,  were  ac- 
'^  '''ngofthe 
'*''e   arbiter, 

'^soHhetwo 
"^^  W'e  are  to 
to  rhe  points 
'n  stating 
"'"ents,  the 
that  relates 
"t  purpose, 
^^nce  in  re- 

'"ig  says, 
»<?nt  of  the 
y>  hoivev- 
^8  to  the 
t'y  stated 
»n  State- 
^st  angle 
lated  by 
^ng  cer- 
,of  the 
•'es  the 
^g  the 
t  angle 


11 

of  Nova   Scotia,   and  respecting  the  Highlands  along 
which  the  lino  of  boundary  is  to  be  carried,  which  is 
destined  to  divide  the  rivers  that  empty  themselves  into 
the  river  St.  Lawrence,  from  those  that  fall  into  the 
Atlanti<vOcean."     Neither  of  these  statements  is*  pre- 
cisely accurate  in  form ;  but  the  British  differs  from  the 
other  in  representing  the   position  of  the  Highlands  as 
one  of  the  points  in  dispute.     The  king,   in  his  award, 
conforms  to  the   British   Statement,  and  specifies  the, 
questions  at  issue,  in   the    foUo^ng  terms  :  "  Which  is 
the  place  designated  in   the  t/^pies  as  the  North-West 
angle  of  Nova  Scotia,  and  what  are  the  Highlands  di- 
viding the  rivers  that  empty  themselves  into  the  river  St. 
Lawrence,  from  those  that  fall  into  the  Atlantic  Ocean, 
along  which  is  to  be  drawn  the  boundary  line  from  thatan- 
gletotheNorthwesternmosthead  of  Connecticut  River  ?" 
Notwithstanding  the  variation  between  the  modes  of 
expression  of  the  British  and  American  Commissioners, 
they  agree  substantially  in  representing  the  situation  of 
the  Highlands,  as  the  principal  point  upon  which  they 
had  differed.     The  Committee  have  already  remarked, 
that  it  certainly  w^s  not  the  intention  of  the  parties  to 
the  treaty  of  Ghent,  that  any  question  should  be  made 
upon   this   subject.     When    the    British   Commission- 
ers advanced  the  extravagant  and  preposterous  preten- 
sion, that  the  Highlands  were  situated  in  a  level  region 
in  the  middle  of.  the  State  of  Maine,  the  American 
Commissioners,  might  perhaps  with  propriety  have  de- 
clined to  negociate  upon  this  point.     Instead  of  this, 
however,  they  undertook  to  refute  the  British  argument, 
and  finally  consented  to  refer  it  to  the  arbiter.     The 
King  being  authorized  to  decide  upon  all  the  questions 
specified  in   the    statement,  wa-    .f  course  justified  in 


^-r-' 


/ 


12 
f{Se^t'nr.lr«;f '-<<».  -  o-e  Of 

'he  Ua„ed  S,a,os  would  Cr'  I  *^°'""'»<'"'  of 
'°.«.  e«opt  so  far  as  ;/„.''"  '""'"''  '«  acqu.esce 
""ginally  n„,,  ^,  ^    orf  """^  "-  ""S 

'honzo  , he  submission  to'   f^  "'""' ^'••"<'^.  to  a„ 

"on  so  decided.  °  >"  '^'^'S"  "'•''i'cr  of  ,he  ones 

The  King,  however  ™ 
7o.her,„es«„„,,tC  "0  decisis  „p„„  ,^,., 

•i"/-    After  Slating  the  oLl,        '^"'"■Eastorn  bona 
«nted  .--What  is  the  l!r"°"  ">  •">.  as  above  rTZ' 
»"d  "hat  are  the  hIm    S"""''  ""g'"  ofNovI  s7™ 
-.  ,'?•— P'y 'hen,t,vS,r '"'=''  """■-'  'h«  t™ 

Nation  officiallvcl     ^^"  ^^^'^'  according  t  th    f     "' 

State,  is  as  2  '°'"'"""'«Med  from  the  D.  "■^"«- 

« I'J  "°^^  •  department  of 

J  he  arguments  adducl  . 

documents  exhihifnH  •  °"  e'ther  side    .n^    u 

sidprpw  ^'"support  off  I  ^'^®'  and  the 

thp  r  ^'*°'*'  to  the  JVnrfh  ''^  ^°"'-ces  of 

«"«  ""  "»'  -«f'o„.  detern-tattX:: 


Pfe^ 


?h)ands,  as  one  of 
»e  given  a  decision 
nc  Government  of 
^0"nd  to  acquiesce 
'  ^een  considered 
any  constitutional 
■ed  States,  to  au- 
"ter  of  the  ques. 

^  upon  this  or 
h-Eastorn  boun- 
'  as  above  repre- 
'Of  Nova  Scotia, 
'"de  the  waters 
Lawrence  from 
'—His  Majesty 
'ength,  the  ar- 
tvvo  parties  in 
ompares  their 
'  not  sufficient 
°"-     TheJan- 
?  to  the  trans- 
department  of 

Jde,  and  the 
"not  be  con- 
determine  a 
^o  lines  re- 
i'artics,  as 
e  sources  of 
^st  head  of 
'  difference, 
'te  stipula- 


13 

tions  of  the  treaty  of  1783,  do.  not  permit  to  adjudge 
either  of  those  lines  to  one  of  the  two  parties,  without 
wounding  the  principles  of  law  and  equity  in  regard  to 
the  other." 

The  Convention  of  1327,  had  contemplated  and  pro- 
vided for  the  case  in  which  the  arguments  and  facts 
contained  in  the  statements,  should  not  be  considered 
by  the  arbiter  as  sufficiently  satisfactory  to  authorize  a 
decision  in  favor  of  either  party.  Under  these  circum- 
stances, he  was  to  be  furnished  with  such  additional 
elucidations,  whether  of  the  facts  or  principles  in  ques- 
tion, as  he  might  deem  necessary.  The  article  con- 
taining this  stipulation,  is  as  follows  : 

"  in  order  to  facilitate  the  attaintnent  of  a  just  and 
sound  decision  on  the  part  of  the  arbiter,  it  is  agreed 
that  in  case  the  said  arbiter  should  desire  further  eluci- 
dation or  evidence,  in  regard  to  any  specific  point  con- 
tained in  any  of  the  said  statements  submitted  to  him, 
the  requisition  for  such  elucidation  or  evidence  shall  be 
simultaneously  made  to  both  parties,  who  shall  there- 
upon be  permitted  to  bring  further  evidence,  if  requir- 
ed, and  to  make  each  a  written  reply  to  the  specific 
questions  submitted  by  the  said  arbiter,  but  no  farther, 
and  such  evidence  and  replies  shall  be  immediately 
communicated  by  each  party  to  the  other. 

"And  in  case  the  arbiter  should  find  the •  topograph- 
ical evidence,  laid,  as  aforesaid,  before  him,  insufficient 
for  a  sound  and  just  decision,  he  shall  have  the  power 
of  ordering  such  additional  surveys  to  be  made  of  any 
portion  of  the  disputed  boundary  lipe,  or  territory,  as 
he  may  think  fit,  which  survey  shall  be  made  at  the 
joint  expense  of  the  contracting  parties,  and  be  consid- 
ened  a8  conclusive  bv  them." 


ij 


^'-  { 


i 


■I 


:  t 


U 
.    "^^e  case  here  anf  • 

"■"  '"fficientT;  rrjlr  :"' '«'  '"■Aeon  r    ",  "'"'  "■«' 
As  has  been    •,    ^''We  of  a„„  f„„"-     The  case,  it 

"■--  'ha,  e':t°"  r  "■=  "-"<''=  Of  a';:"";  --i.os  f 

as  .he  Hig,,    °2.        '^"  "«»  .1.6  4,,!  ^"'"  «..  La«.. 
"^^  "-  ".e  co„'',:"'™;';"S  Parties  ,*"'"'"=  Ocean,-  a„d 

^'^  arbiter,  hav  !      [  "''<'"'onal  doc,'"^"'""^. 

"'"'=''  ho  had  bee^  r    ""'"  "Pon  ,/,'  „  '?'  ""^  -as 

"ot  susceptible  Of  r„v  r'^''^'''  ""d  «^so  t""^'  "'"■ 
additional  eviH„       ^  '""'•er  elur.Vl        '  """  "'  was 

■    ';"'  ""'  ">  Cose  b!'  '"'•"^  'o  ha     ta7"  '^  "--  o 

;" '■''-Of  .he  te^,"'""''''"^ 'op  :„!''„'' °''K  ho.. 
;»  »»"'e  .hedifferen '"""'  "'  ^''^or  „"  """^  "  '''<='-o„ 

'"^  -""-p--  of  at: ,:,;";'""  -^^  "r  ro:'"-"'^ 


,     ""=^-     'nstead  of 
^1"o..d  atovo,  ,ha 

=  '»  favor  of  ,i,h^^ 

:  "^  '"'  does  not 
■"  "-^ ''■«  Convea 
.         ^''e  case,  it 

''^'°«  '•esoJves  W 

'^'•««d>  ^ith  re- 

''"^y  basis  of  a 
P°n  ^hich  the 
.  ^"'•t^er  e/uci. 

>ents." 

'^  case  »vas 
'^,""ce,  With 

/'^^t  it  Was 
'^y  means  of 

'  a'ternarive  \ 
"  ^'s  func- 
'  f'"s,  how. 
^  f^ecision 
°  a«empts 
'OmmexjxJs 
previous. 


16. 

ly  contemplated,  or  claimed  oti  either  side,  and  having 
no  pretence  of  foundation  or  support  in  the  terms  of 
any  of  the  treaties.  The  language,  which  conveys, this 
extraordinary  recommendation,  is  as  follows :  ' 

"  We  are  of  opinion,  that  it  will  be  suitable  to  adopt, 
as  the  boundary  of  the  two  States,  a  line  drawn  due 
North  from  the  River  St.  Croix,  to  the  point  where  it 
intersects  the  middle  of  the  channel  of  that  river,  as- 
cending it  to  the  point  where  the  River  St.  Francis 
empties  itself  into  the  Rivor  St.  .Tohn,  down  the  middle 
of  the  channel  of  the  River  St.  Francis,  ascending  it  to 
the  source  of  its  Southwesternmost  branch,  which 
source  we  indicate  on  the  map  A,  by  the  letter  X,  au- 
thenticated by  the  signature  of  our  Minister  of  Foreign 
Affairs;  thence  a  line  drawn  due  West  to  the  point 
where  it  unites  with  the  line  claimed  by  the  United 
States  of  America,  and  delineated  on  the  map  A ; 
thence  said  line  to  the  point  at  which  it  coincides  with 
that  claimed  by  Great  Britain,  and  thence  the  line  trac- 
ed on  the  map  by  the  two  powers  to  the  Northwestern- 
most  head  of  Connecticut  River." 

This  recommendation  terminates  the  King's  proceed- 
ings in  regard  to  the  question  of  the  North-Eastern 
boundary.  According  to  the  terms  of  the  Treaty  of 
Ghent,  as  above  quoted,  the  two  parties  engage  to  con- 
sider the  decision  of  the  arbiter  as  final  and  conclusive 
on  all  the  matters  referred  to  him  :  and  it  is. stipulated, 
in  the  convention  of  1827,  that  the  decision  of  the  ar- 
biter, when  given,  shall  be  taken  as  final  and  conclu- 
sive, and  shall  be  carried,  without  reserve,  into  imme- 
diate effect,  by  Commissioners  appointed  for  that  pur- 
pose by  the  contracting  parties.  But,  as  this  recom- 
mendation of  an  entirely  new  boundary  is  not  a  decision 


\^ 


*pt    fci^HWHi  <»iiiHW«lpMWHfcmi 


If* 


°'  8n-y  of  the  n   •  • 

cJared  bv  h.      T'"^^  referred  ,     . 

inff  as  „  w     ""'^^^  «ot  (o  hi        "^  ^^^  arbiter  «  ^  . 
^  as  a  decision  „„^    lo  be  so,  it  i^  _.     "^'^' and  ig  de- 

"V  upon  ,t  ,„■  ,    "'■'^  ''oicrejgn    «:  °  'ecom. 

*=e^ebrator?  ^'^opt'on  of  .  ^  ""^^^os  that  J     , 

not  considered  «„«         ^"''n'shed  bu  !u      ^^^^^^s, 

^'  *^at  tbere 


<■   . 


If 

"-^  considered  b. 
y  oeem  if  ♦.  -^ 

,^"'^«d  Stares 

;^"stinian  ad. 

'nformabie  to 
''ebeen^/u;; 

"^  ^o  the  re. 
'^'"Sr  of  the 
°''«'-«ments 
^"  arWfer 
''^  submfs. 
^^'^^  upon 
^^at  there 


17  ■    I    ■, 

are  no  limits  to  his  authority,  and  that  the  reference,  by 
two   governments,    of    any   qifestion,  howevef    unim-, 
portant,  to  the  arbitration  of  a  tlrird,  amounts  to  a  com- 
plete and  unconditional  surrender  of  the  nation{\l  rights 
and  independence  of  both. 

The  recommendation  of  the  king  of  the  Netherlands 
is  therefore, not  binding  upon  either  government.  It  is 
nevertheless  entitled  to  very  respectful  consideration. 
It  is  the  suggestion  of  a  friendly  sovereign,  made  with 
the  best  intentions,  and  under  an  impression  that  tlic 
adoption  of  it  would  be  mutually  and  equally  auvanta- 
gGOus  to  both  the  parfics.  Although  it  can  have  no  ob- 
ligatory character,  it  may  be  proper  to  inquire,  whether 
it  is  right  and  expedient  that  the  government  of^the 
United  States  should  voluntarily  accede  to  it,  and  give 
it  effect. 

Supposing  the  question  of  expediency  to  be  entirely 
open,  the  Committee  are  unable  toperceive  any  very 
strong  reasons  for  deciding  it  in  the  affirmative.  They 
are  not  aware,  that  any  material  inconvenience  can  re- 
salt  from  a  further  delay  in  the  survey  of  the  North^^Eas- 
tern  boundary,  as  determined  by  the  treaty  of  1783, 
while  the  adoption  of  the  recommendation  Of  the  king 
of  the  Netherlands  would  involve  the  sacrifice  of  a  con- 
siderate tract  of  territory,  and  an  acquiescence,  to  a 
certain  extent  at  least,  in  pretensions  on  the  part  of  the 
British  agents,  which  are  too  extravagant  to  be  regard- 
ed for  a  moment  as  entitled  to  serious  attention.  But 
the  Committee  will  not  enlarge  upon  the  considerations 
belonging  to  the  question  of  expediency,  because  they 
conceive  that  this  question  is  precluded  by  the  prelimi- 
nary one  of  Constitutional  ri^ght.  The  Government  of 
the  United  States  have  no  constitutional  authority  to 
3  s 


\) 


*-M\ 


i( 


\    . 


<     '  JO  . 

"'"•out  ,!,„  eonsen.  of  sue  "  "°T''"8  ">-  Onion, 
■;  -oM-ion  of  ,U,s  ru,e,  .e,  I"  ^'^^  -"■  -".out' 
"'»  boundaries  of  11,0  L'„io„  ,  1'"'^"0"s  rclali„g  ,o 

•-'/  of  .783,  becau.  '     iVr:  '^"  '"•'■'"^"'  ^/">o 

•         border  stales  can  be  aslr,        ■    ""^  ""^  '""'o>-y  of  the 
'^«  «isW„„d„,  ....'eraroX    '"\  '"^  --'ion  o 
"•e  northern  boundarv  irZ^    °  "'"  "•^'"ie-S  form 

«  .''onbtfu, ,  oint.     Thelat,ef,'re;,'"'''"°f'?''»°'«   • 
■        «'";"g  the  point  „hero  aclr  a  „  7  '"°"''^'  '°'  «'«'- 
''"ds,  «»d  for  surveying  an„,  .,•     "  ""''"  "">  »>gh- 
«»  running  i„  ,  „JJ  ZcZn"',  ""'  '"  '^^"'<"' 
No  provision  is  n.ade  for  ,  '" "  "'""^  ""=  H*S'"ands. 
'ho   "igWands,   which   is     ;o\:„  T^ '''"  ^'■'"''''°"  of 
Government  of  the   vUt^"' f' J'"''«->-    The 
Constitutional  right  10^1  '""^   """-efore  no 

"°"  "^  England,'    «7er:,K   '.'"'°  ^■■''™  -  0"e"? 
"-'"'"d  the  King  6      ul7eZrV'  '"  """"'on.-- 
7  on  .his  ,„es,i„\  th    St,e!  m''"'''^"''  "«-"« 
already  reroarted  th->.  ,.       """^o  behove,  as  they  havo 

"'■"  and  void,  f^^mif  :,:;::,""'.'■''-  -"  ^ho ; 

""■«  of  the  U„i,ed  Statel  to  r"'  '"  ""^fGovern- 
The  only  „„eer,ai„,y  ,vhTch  '°  ""''  ""'  '-"""i-ion. 
of  the  boundary,  results  frl"''  '"  '"^""^  '°  ""=  par. 

••'fined.    Tho  Gover„„fe„,?f'  r,?»  "'  '""ch  i,  „eli 

"Shtto  cause  this  line  to  I  sunL  "'''''' '"''''  " 

°  *c  effect  „hicfc  the  survey^  21'  "'"■"•"  --"Sard 

'»nt  of  the  supposed  .erritor7„7l,,'i       '  T"  ""  "■ 

---».h.i.had„n:^:-;:-:~ 


B&.U. 


-  -  /-• 


.4  , 


territory  be- 
g  the  Union, 
^an,  without 
s  relating  lo 
Jbtftil  by  the 
ettlement  of 
'fcry  of  the 
situation  of 
-aties,  form 
■  reprcsent- 
'f  Ghent  as  - 
'  ^or  ascer- 

tho  High. 

described 
highlands, 
tuation  of 
^•n.     The 
refore  no 
'in  ques- 
>itration;v 
I  against 
hey  have 
n  wholly 
Govern- 
tnission. 
liis  part 
ccurate 
I  is  we]] 
'  had  a 
regard 
fhe  ex- 
uartcr. 
'ithout 


19 

th(  consent  of  IVIassachusetta  and  IVIaino.  But  the  ac- 
ceptance of  the  recommendation  would  deprive  these 
Stsites  of  a  large  tract  of  territory  which,  under  any 
imiiginable  result  of  the  survey,  would  certainly  belong 
to  them,  and  it  is  therefore  a  measure  which  the  Gov- 
err  meat  of  the  United  States  has  no  right  to  adopt, 
wijhout  the  consent  of  both  States.  As  the  State  of 
Mdlne  has  solemnly  protested  against  its  adoption,  it  is 
wjjolly  beyond  the  competency  of  the  Government  of 
th(i  United  States  to  adopt  it,  whatever  might  be  the 
opinion  of  Massachusetts.  But  as  Massachusetts  is  di- 
rectly interested  in  the  question  as  well  as  Maine,  it  is 
obviously  proper,  that  her  opinion  also  should  be  made 
distinctly  known. 

Under  these  impressions  of  the  merits  of.  the  caso, 
and  of  the  course  beU  fitted  under  present  circumstan- 
ces to  promote  the  honor  and  interest  of  the  Common- 
wealth,  the  Committee  offer  for  the  consideration  of  the 
General  Court,  the  following  preamble  and  resolves. 
All  wliich  is  respectfully  submitted. 

By  order  of  the  Committee, 
A.  II.  EVERETT 


PREAMBLE  AND  RESOLVES. 

Whereas  the  Commonwealth  of  Massachusetts,  aa 
proprietor  of  large  tracts  of  land  in  the  State,  of  Maine* 
is  directly  interested  in  the  measures  that  may  be  adopt- 
ed by  the  Government  of  the  United  States,  for  the  pur- 
pose of  defining  and  settling  the  North-Eastern  boun- 
dary thereof,  and  wherciis,  the  subject  being  now  under 
the  consideration  of  the   Government  of  the  United 


> 


^'V.^ 


|.^£J£A;J«.».jSit'.  , 


50 


States, 


expro»    hi    "^       "'  '.'""  "■"  ^""'^^  Court  Bhould 
express  Iheir  op,„,o„  Ihcrcuppn,  to  ,ho  end  that  ,ho 

Senate,,  and  Kepro^entati.o^  of  the  Com„,onw  auL 
■n  Congress  may  be  the  better  enabted  to  understand 

.  trreXr::'"'" '" ''"  '"'"""""^°^  ""=''  ->"''^--' 

ment  of  fhe  U    tcd'sratr"""^"'  "•"'  «"=  ^^or-- 

Hgiutoasc:rta::„Vsir;b~,t:rf''°""' 

powers,   arbitrafon,  or  otherlise'trV:      TZ 
boundary  i,„es  of  the  said  States,  as  were'eft  doubtful   ' 
l>y  the  Ireaty  of  Peace  of  1783,  but  that  the  said  rl 
ornment  does  no.  possess  the  constitu^^'nli^g,*^",;- 
"Iter,  by  negotiation  with  foreign  power,  =,J,-. 
or  otherwise,  the  boundary  lines'^f  ^^^ tr^o 
ar  as  the  same  were  ascertained  and  settled  by'he s'a  rf 
roaty,  to  the  prejudice  of  the  territorial  or  other  rights 
iTy  outer  "''■^'--"'"^-'-^-'pt! 

_R«ofoJi,  That,  in  the  second  article  of  the  Tre.tv 

of  Peace  of  1783,  it  is  agreed  and  declared,  thauhe 

Northern  boundary  line  of  the  United  States  L  gl  al 

,  the  point  where  a  line,  draL  due  North  [rr.T,u 

of  the  riv^i- «.    r    ■         TX    ^  ^'orth  from  the  source 

lands,  which  divide  those  Vivers  th«t  LT    l^     ^^' 

into  the  rivpr  «5t   T  I  ^^P^y  themselves 

hi  A.1         J    Lawrence,  from  those  which  falHnto 

he  AtlanUc  Ocean :  that  the  situation  of  the  saiS  , 

lands  .3,  and  was  at  the  ti.e  of  the  cone/  io  ^  ^^^ 

reaty,  a  matter  of  public  notoriety,  the  same  being  one  ^f 

the  great  geographical  features  of  the  country,  iirted       4t 


^ 


■ourt  should 
id  that  (ho 
imonwcalth 
understand 
ODStituents, 


epresenta- 
9  Govern- 
istitutional 
ith  foreign 
rts  of  the 
ft  doubtful 
said  Gov- 
I  right  to 
bitration, 
States,  so 
y  the  said 
ler  rights 
tate  pre- 

e  Treaty 
that  the 
)egins  at 
e  source 
and  that 
i  High- 
naselves 
fall-into 
d  High-  •> 
of  said 
?  one  of 
dicated 


21  .  ,  . 

OB  »H  the  niaps;  anU  %eatedly  recognized  in  various 
Official  docur^nts  by  theSatish  Goverliment:  that,  as 
far  as  the  situation  of  the  said  Highlands  is  concerned, 
the  Northern  boundary  line  was  ascertained  and  settled 
by  the  treaty  of  1783,  and  that  the  Government  of  the 
said  United  Stitos  has  no  constitutional  right  to  alter 
the  saine  as  thJn  ascertained  and  settled,  vyhethcr  by 
negotiajlion  with  foreign  powers,  arbitration,  or  other- 
wise, to  the  prejudice  of  the  territorial  or  other  rights 
of  any  State,  vJfithout  the  consent  of  such  State  Mp- 

viously  obtained^  *       •  i       r 

kesolved,  ThatiTwas  agreed,  by  the  fifth  article  ol 
the  T^aty  of  Ghent,  that  Commissioners  should  bo  ap- 
pointed by  the  Governments  of  Groat  Britain  and  the 
United  States,  to  survey  the  Northern  l^^undary  line  of 
tke  said  States,  as  ascertained  and  settled  by  the  treaty 
of  1783,  and  that,  in  the  e\\mt  of  a  disagreement  be- 
tween  the  said  ,Commi38ioners>ahe  matters  in  dispute  ' 
between  theih  should  bo  referredyto  «ome  friendly  Sov-  . 
ereign,  to  be  named  as  arbiter,  in  the  manner  de8cribe4 
in  the  said  fiftlj  article,  but  that  it  was  not  the  intention 
of  tlie  said  Governments,  and  is  not  provided  or  agreed 
in  thfe  said  fifth  artfcle,  th>t  thejsaid  Commissioners 
shouid  inquire  into  and  determine  the  situation  of  the 
aforesaid  Highlands,  the  same  being,  as  aforesaid,  a 
matter  of  public  notoriety :— that  the  Government  of  the 
United  States,  in  permitting  the  same  to  be  made  a 
question  by  the  said  Commissioners,. and  to  be  by  them 
submitted  to  the  arbitration  of  the  King  of  the  Nether- 
.     lands,  without  the  consent  of  Massachusetts  and  Mame 
previously  obtained,  exceeded  its  constitutional  pow- 
ers, and  that  any  deci3ion  which  the  said  King  might 
have  given  upon  said  question^  would  have  bee^  entire- 


>< 


^ 


w 


<  ill 


V 


"% 


i^ 


A 


'r  null  and  void,  for  want  nf  .  •  ^  '"^ 

mission.  "^'^  ^'*^««  ^o  make  ihe  aub- 

.  ^"0  said  K.„t  :c::::zv:r^^^r ''-'-  'y 

arbiirarton  committed  to  him    n       ^"."^'"g^  i"  the 
article  of  the  Treaty  of  Oh      \'°"/°'""'y  to  the  fifth 
Great  Britain *a„a2  Un^d  s'ta  ^  ''l  ^^^-"-ents  of  ^ 
has  not  decided  any  of  Tn  '  '^^'  '^'  '^''^  ^^^8 

North-Eastern  bound'ar/o     heTaTdta;''"'"^  *^  ^^^ 
submitted  to  him  by  the  Com.  ^''''  ''^'*^''  ^^^^ 

-     ernn^ents,  haying  dLared  Zr""  °' '''  *"^  ^- 
said  document,  tLtTaid  ouelr  '  contained  in  the 

any  decision  ;  and   ha   the  afh     '  T.  ""^  ^"^'^^i'^'^e  of 
...unicated  b/ the  King  of  tht^^^^^^^^  ^  -- 

.      ing  any  decision  of  the  ouestinn        k       ''  "°^  "^"^«'°-  ' 

aforesaid,  by  the  said  Jf '  °  '"^""""^  *°  J"'"' as 
.  °PontheGolrnment,;7G:"r^^^  "  "°^  ^""^-^ 
.    States,  or  either  o^n    as  ad;"""  '"'  ^'^^  ^"'^^^ 

ordinary  rules  Of  intern:LaJrb;Ve"'.^^  f^-^*^^  " 
of  the  treaties,  which  sr./.!.^  .,  T'      ^  ''^  stipulations 

Jiesolved,  Tm7tl^re"t        ,    ''"'^**'^«^^'^^^''o«- 

friendiv  <5«.  "      '  '^^'P^  merely  the  sufff 

nendly  Soyereign/  made  Wfhout  authority ^^1» 
ject  not  submitted  to  him.  though  enS^r®*^ 
consideration,  is  not  obligatory  unnn       .     ^V^^P^ctful 

^  to  the  arbitration;  a^  Z  ^t^i t^^  ''" 
i«.bound,  either  by  thd  orHJno  ^^^^^^  arc 

liS^  Wv  the  !     \l      y  P"""'>^"«  °^  interna- 
Vl»^.  ^y  the,,st,puIations  of  the  treaties,  whieh 


^. 


^' 

1 

4  ' 

«     ' 

•v„,    .         _ 

!f 

w 

' 

*. 

V                                                   * 

• 

k 

** 

■^ 

ij"-/---"  -      ,-  ■  k. 

«iaiL'iw>Lii^-"i^-j-':..-."..... 

' 

'.•              ..1,  ■ 

■"\ 

■» 

J  power  in 
k6  the  anh- 

neut  coin- 
I  States  by 
ngs  in  the 
P  the  fifth 
nmentsof  1^ 
said  king 
ig  to  the 
fiich  wore 
two  Cov- 
ed in  the 
3ptible  of 

so  corn- 
contain-  ' 

him,  as 

binding 

United 

by  the 
ulations 
tration. 

in  the, 
king  of 
ine  be- 


r 

^'.ettled  thtf  form  of  the  arbitration,  to^dopt  tho  said 
line,  so  recommended,  as  a  part  of  their  North-Eastern 

boundary.  . ,  ,• 

Resolved,  That  the  adpption  of  the  said  hnc,  so  re- 
^^dSd  by  the  King  of  the  Netherlands,  as  a  part 
Mkh-Enstern  boundary  of  the  United  Stales, 
«x  deprive  this  Commonwealth  and  tho  State  of 
ViivJo  oflarge  tracts  of  territory,  which,  upon  any  ima- 
ginablo'result  of  such  survey  of  the. Northern  and  East- 
ern boundaries,  as  is  authorize'^d  by  the  l.fih  Article  of 
th2  Treaty  of  Ghent,  belong  respectively,  in  sovereignty 
and  property,  to  the  said  State  And  the  said  Common- 

Resolved,  That  the  Gofernment  of  the  United.  States  ^ 
has  no  constitutional  right  to  cede  any  portion  of  tho 
territory  of  tho  States  composing  the   Union.^to  any 
ford^gn  povYer,  or  to  deprive  any  State  of  anyland,  or 
other  property,  without  the  consent  of  such  State,  pre-- >. 
viously  obtained  ;  and  .that  the  adoption  of  tho  aforesaid 
new  boundary  line,  recommended,  as  aforesaid,  ^y  the 
King  of  the  Netherlands,  without  the  consent,  previously 
obtained,  of  the  Stales  of  Massachusetts  «nd  Maine, 
would  be  a  violation  of  the  rights  of  jurisdiction  and 
property,  belonging  respcctiveTy  t6  the  said  Slates,  and 
8ecuro#to  them  by  the  EedecaU Constitution;  and  that 
any  act,  purporting  to  have  such  effect,  would  be  wholly 
.,  #ull  «nd  void,  and  in  no  way  obligatory  upon  the  Gov- 
ernment  or  people  of  either  of^the  said  States. 

Resolved,  That  as  the  adoptioD,4)y  the  Government  of, 
the  United  States,'  of  the  aforesaid  new  boundary  line, 
BO  recommended  by  the  said  Kin^  of  the  Netherlands, 
would  deprive  the  Commonwealth  of  Massachusetts  of 
large  tracts  of  land,  without  equivalent,  it  is  not  expedi- 


t     ' 

\,,^  J.       _ 

V 

^ 

y 

, 

a 

■^   .,       '^'    ^ 

' 

' 

• 

-     '     . 

V 

/ 

i 

..  ""■! 

t- 

-:     ,        ■ 

* 

1 

.'■  % 

..  1,    . 

A 

• 

- 

• 

a*-- 

~   :jMM 

\. 


I 


ent  for  the  said  Commonwealth  to  give  ^consent  thereto  • 
and  that  the  General  Court  hereby  solemnly  protesj 
against  such  adoption,  declaring,  that  any  aci,  pur- 
porting to  have  such  effect,  will  have  been  performed 
without  the  consent  of  the  Commonwealth,  and  in  vio- 
lation  of  the  rights  thereof,  as  secured  by  the  Federal 
Constitution,  and  will  bo  consequently  null  .and  void, 
and  ,n  no  way  obligatory  upon  the  Government  or 
people. 

f^solved.  That  the  General  Court  have  received,  with 
satisfaction,  the  communication  made  to  them  through 
His  Lxcellency  the  Governor,  from  the  Governmeiit  of 
the  State  of  Mame,  of  the  proceedings  of  the  said  Gov- 
ernraent,  upon  this  subject  ;-that  they  reciprocate  the 
friendly  sentiments,  which  have  been  expressed  on  this 
occasion,  by  that  Government,  and  will   readily   and 
cheerfully  cooperate  with  the  State  of  Maine,  ir>  such 
measures  as  shall  be  best   calculated  to  prevent  the 
adoptpn,  by  the  Government  of  the  United  States  of 
the  new  boundary  line,  recommended,  as  aforesaid,' by 
^  the  King  of  the  Netherlands. 
;    Resolved,  That  the  Senators  of  the  Commonwealth, 
m  Congress,  be  instructed,  and   the   Representatives 
thereof  requested,  to  use  their  influence  to  prevent  the 
adoption,  by  the  Government  of  the  United  States,  of 
the  aforesaid  new  boundary. 

Resolved,  That  Hi^  Excellency  the  Governor  be  re- 
quested to  transmit  a  copy  of  these  Resolves,  and  of  the 
Report  preceding  them,  to  each  of  the  Senators  and  Re- 
presentatives  of  the  Commonwealth  in  Congress,  to  His 
Excellency  the  Governor  of  Maine,  and  to  the  Gover- 
nors of  all  the  other  States  in  the  Union. 


m- 


,  I 


■■?  ii^ 


!^^*!fe|*!*^'L^i^.''^.'»#>.i^^■ 


It  thereto  ; 
ly  protest 
act,  pur- 
performed 
nd  in  vio- 
B  Federal 
and  void, 
iiment   or 

ived,  with 
I  through 
iimqjit  of 
iaid  Gov- 
)cate  the 
1  on  this 
dily  and 
,  in^such 
vent  the 
states,  of 
ssaid,  by 

nwealth, 
intatives 
k'ent  the 
tates,  of 

r  be  re- 
d  of  the 
and  Rc- 
,  to  His 
Cover- 


26 
In  Senate,  February  14,  1832. 

Read  twice  and  passed. 

Sent  down  for  concurrence, 
WILLIAM  THORNDIKE,  President. 


HtfusE  OF  Representatives,  Feb.  15,  1832. 

Read  tv^ice  and  passed. 

V^.^B.  CALHOUN,  Speaker. 

Februai^y  16,  1832. 
Approved,     *"  f 

LEVI  LINCOLN. 


A  True  Copy 
Attest, 


Secretary  of  the  Commonwealth. 


.^jt^f^J 


% 


4V*  #^7    t:,.J:K  ;;:  I'^ 
'' '"      ""'  ■       ^  ['  '■'■  fft^  'v'  '•. 


'X-^K 


■■ ',(r,'*-v>- 


>i      ..1 


w^ 


m 


<» 


